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SIMARI v. ILLINOIS CENTRAL RAILROAD COMPANY

No. G-155.

179 So.2d 220 (1965)

Sophie SIMARI and Anthony Simari, her husband, Appellants, v. ILLINOIS CENTRAL RAILROAD COMPANY, a corporation, and Atlantic Coast Line Railroad Company, a corporation, Appellees.

District Court of Appeal of Florida. First District.

October 21, 1965.

Attorney(s) appearing for the Case

Brass, Strong, Judge & Stern, Daytona Beach, for appellants.

Edward K. Goethe, of Giles, Hedrick & Robinson, Orlando, for appellees.

CARROLL, DONALD K., Judge.

The plaintiffs in a negligence action against two railroads have taken this interlocutory appeal from an order entered by the Circuit Court for Volusia County granting the motion filed by the defendant Illinois Central Railroad Company to dismiss their complaint on the ground of insufficiency of the service of process upon the said defendant.

The ultimate question for determination in this appeal is whether the said defendant, under...

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